Chapter 5. The Government

Article 99.

1. Executive power in the Nagorno Karabakh Republic shall be vested in the Government of the Nagorno Karabakh Republic.

2. All the issues subject to state governance, which are not reserved to other State and local self-governing bodies by law, fall under the jurisdiction of the Government.

3. The Government shall be composed of the Prime Minister, Deputy Prime Minister, and the Ministers.

4. The structure of the Government, at the recommendation of the Government shall be stipulated by law. The structure and rules of operation of all other bodies and their mode of activities is presented by the Prime Minister and determined by a decree of the President of the Republic.

5. The Government adopts resolutions that are signed and publicized by the Prime Minister.

Article 100.

1.Prime Minister is appointed and the Government formed by the President of the Republic in the following order.

1.1) The President of the Republic shall present the candidacy of the Prime Minister for the National Assembly’s approval after assuming the post of he President of the Republic, or receiving the resignation of the Government or dissolving the National Assembly in cases mentioned in this Article within ten days after the first session of the newly-elected National Assembly;

1.2) The National Assembly debates the candidacy of the P rime Minister recommend by the President within five days;

1.3) Within a three day period the President appoints the Prime Minister whose candidacy has been approved by the majority vote of the total number of Deputies of the National Assembly. Upon the recommendation of the Prime Minister within twenty days the President appoints other members of the Government. By the procedure set forth in Article 89 of the Constitution, the National Assembly approves the Program of activities of the Government:

1.4) by the procedure set forth in the 1.3 sub-point of point 1 of this Article in cases whereby the National Assembly doesn’t approve the candidacy of the Prime Minister or the Program of activities submitted by the Government formed at the recommendation of the Prime Minister, the President of the Republic presents the candidacy of the Prime Minister to the national assembly’s approval for the second time within seven days period;

1.5) In cases, when by the procedure set forth in the 1.3 sub-point of point 1 of this Article in the National Assembly doesn’t approve the candidacy of the Prime Minister for the second time or after having appointed the Prime Minister’s candidacy doesn’t approve the Program of activities submitted by the Government formed at the recommendation of the Prime Minister, or doesn’t approve the candidacy of the Prime Minister presented after having disapproved the Program of activities submitted by the Government formed at the recommendation of the Prime Minister appointed by the National Assembly, then the President of the Republic appoints a Prime Minister and forms a government within a ten day period;

1.6) The President of the Republic can not appoint a person whose candidacy has been turned down twice by the National Assembly in the position of the Prime Minister.

2. In cases, if the National Assembly doesn’t approve the Program of activities submitted by the Government formed at the recommendation of the Prime Minister appointed by the National Assembly for the second time subsequently, or doesn’t approve the Program of activities of the Government, formed in conformity with the 1.5 sub-point of point 1, of this Article, then the President shall dissolve the National Assembly and set extraordinary elections.

Article 101.

1. The Prime Minister shall oversee the Government’s regular activates and shall coordinate the work of the Ministers.

2. The Prime Minister shall adopt resolutions in regards to the issues pertaining to the activities of the Government.

3. In the event that the Prime Minister is absent or incapacitated to execute his/her or her powers the Deputy Prime Minister shall assume the powers of the Prime Minister.

Article 102.

A member of the Government may not be a member any representative body outside his/her mandate, state positions or local self-government bodies or trade organizations, entrepreneurial activity as well as engage in any other paid occupation with the exception of scientific, educational and creative work.

Article 103.

1. The Prime Minister shall convene and chair the Government sittings.

2. The President of the Republic may also convene and chair a Government sitting.

Article 104.

1. The Heads of Regional Administrations shall pursue the territorial policy of the Government, coordinate the activities of the territorial services of the executive bodies, with the exception of cases prescribed by law.

2. The Heads of Regional Administrations shall be appointed to and dismissed from office by the decision of the Government.

3. The peculiarities of the territorial administration in the city of Stepanakert shall be defined by the law.

Article 105.

1.The Government shall submit the proposed state budget to the National Assembly at least thirty days prior to the beginning of the fiscal year and may request that this proposal, with any amendments, it may adopt, be voted on prior to the expiration of the budget deadline. The Government may raise the question of a vote of confidence in conjunction with the adoption of the state budget. If a vote of no confidence is not adopted by the National Assembly, as provided under part 5 of Article 90 of the Constitution, then the state budget and related amendments approved by the Government shall be considered adopted.

2.In case of a vote of no confidence related to the proposed state budget, the new Government shall present the National Assembly with a draft state budget within a period of ten days. This draft shall be debated and confirmed in accordance with the terms stipulated in this article within thirty days.

 

Article 106

From the day the newly elected President assumes office Government puts down its powers.

Article 107

Upon the acceptance of the resignation of the Government by the President of the Republic,or after having put down his/her powers, the members of the Government continue their powers until the formation of the new Government.